VALLABHBHAI MAGANBHAI BAMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) District Magistrate, Dahod, passed an order on September 28, 1999 in exercise of powers under Sec. 3(2) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 ("P.B.M. Act" for short), detaining the petitioner under the provisions of the P.B.M. Act.

(2.) The grounds of detention indicate that the detaining authority took into consideration the fact that the petitioner was indulging in the activity detrimental to the supply of essential commodities. That he was found to have used bogus cards and usurped the supply of essential commodities supposed to be sold to such ration card holders for which he was having licence of fair price shop. The said order is challenged by the petitioner in this petition under Art. 226 of the Constitution of India.

(3.) The petitioner has raised many points but the main points are that the detaining authority has formed a conclusion about the petitioner being engaged in using fake cards on the basis of the statement of persons who are non- existent and who have died 9 years back. The entire foundation of the subjective satisfaction is therefore, false and defective, and therefore, the detention is rendered bad in law. Another contention that is raised is that the representation made by the detenu to the detaining authority, after the detention was approved by the Government, has not been forwarded immediately to the Government but has been rejected. This action on the part of the detaining authority suffers from two defects, namely, consideration of representation without authority and delay therein.